Landlord Security Deductions for Scuff Marks on the Wall

Landlords may deduct for a portion of your deposit for paint.

Sometimes, it’s obvious when a landlord plans to use a portion of a tenant’s damage deposit to pay for repairs after she moves out: holes in walls, damaged fixtures or ruined carpet. When it comes to smaller repair issues, such as scuff marks on a wall, determining whether the damage is significant enough to warrant dipping into a security deposit depends on a range of factors.

Normal Wear and Tear

Landlord-tenant law usually protects tenants from charges for normal wear and tear to a property. Landlords may use security deposits only to pay for repair of damages that aren’t considered normal wear and tear or to restore a unit to its condition before the tenant moved in. Because of this, if scuff marks are minor -- small scrapes around door jams or where furniture rubbed against a wall -- or were there when the tenant moved in, landlords can’t use security deposits to fix them.

Damage vs. Wear

Determining if scuffed walls are damaged or merely the normal depreciation of a rental property can be tricky. Landlords may charge tenants for cleaning scuff marks off walls that weren’t listed during their initial walk-through, though the costs must be reasonable; costs may only be associated with cleaning scuff marks, and not cleaning the entire unit. Other marks on walls, such as crayon or marker marks, large scuff marks or scuffs deep enough to damage wallboard may be considered damages beyond normal wear and tear.

Paint Lifespan

Even if scuffs are so significant that they require a landlord to repaint a room, they may not be allowable security-deposit deductions. The City of Berkeley Rent Stabilization Board suggests landlords determine an expected lifespan for a coat of paint -- many choose two-year lifespans -- and amortize damages against the lifespan of a paint job. For example, if you determine a coat of paint has a four-year lifespan, and a tenant leaves scuffed paint after living there three years, you may only charge 25 percent, or 1/4th of the cost to repaint the room.

Making Deductions

Although state laws vary, in California landlords must provide tenants with a full refund of their security deposit or a partial refund with an itemized list of charges deducted from it within 21 after the tenant vacates the property. Landlords must account for all charges used, itemizing them in a statement along with the partial refund. Itemized statements must list each repair or cleaning charge, and provide receipts for work performed. If the landlord or his employees perform the work, the itemized list must describe the work performed, the amount of time needed to fix it and the worker’s hourly rate.

About the Author

Wilhelm Schnotz has worked as a freelance writer since 1998, covering arts and entertainment, culture and financial stories for a variety of consumer publications. His work has appeared in dozens of print titles, including "TV Guide" and "The Dallas Observer." Schnotz holds a Bachelor of Arts in journalism from Colorado State University.